Sexual Offences Act 2003 s74
A person consents if he agrees by choice, and has the freedom and capacity to make that choice.
A person is considered to have NOT consented if any of the following conditions apply (Sexual Offences Act 2003 s75):
The circumstances are that –
Any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;
Any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;
The complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;
The complainant was asleep or otherwise unconscious at the time of the relevant act;
Because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;
A person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.
Sexual Offences Act 2003 s67
(1) A person commits an offence if-
For the purpose of obtaining sexual gratification, he observes another person doing a private act, AND
He knows that the other person does not consent to being observed for his sexual gratification.
(2) A person commits an
offence if –
He operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, AND
He knows that B does not consent to his operating equipment with that intention.
(3) A person commits an offence if –
He records another person (B) doing a private act,
He does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, AND
He knows that B does not consent to his recording the act with that intention.
(4) A person commits an offence if he installs equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).
Points to Prove:
Observing s67(1)
Date & location
For the purpose of obtaining sexual gratification
Observed another person
Doing a private act
Knowing that the person
Does not consent to being observed
For defendant’s sexual gratification
Operating Equipment to Observe s67(2)
Date & location
Operated equipment
With the intention of enabling another person
For the purpose of obtaining sexual gratification
To observe a third person doing a private act
Knowing that the person does not consent
To the defendant operating equipment for that intention
Recording a private act s67(3)
Date & location
Recorded another person doing a private act
With the intention that
The defendant or a third person
Would for the purpose of obtaining sexual gratification
Look at an image of that person doing the act
Knowing that the other person does not consent
To the defendant recording the act with that intention
Install equipment/construct/adapt a structure s67(4)
Date & location
Installed equipment OR
Constructed/adapted a structure/part of a structure
With intent
To enable the defendant or third person
To commit an offence under s67(1)
Sentence:
Either Way
2 years
Sexual Offences Act 2003 s66
A person commits an offence if he intentionally exposes his genitals, AND he intends that someone will see them and be caused alarm or distress.
Points to Prove:
Date & location
Intentionally
Exposes his genitals
Intending
Someone would see them
And be caused alarm or distress
Sentence:
Either Way
2 years
Common Law
It is an offence to commit an act of a lewd, obscene, and disgusting nature, which is capable of outraging public decency, in a public place where at least two members of the public could have witnessed it.
Points to Prove:
Date & location
In a public place
Committed an act
Outraging Public Decency
By behaving in an indecent manner
Sentence:
Either Way
No stated limit
Sexual Offences Act 2003 s3
A person (A) commits an offence if he intentionally touches another person (B), the touching is sexual, B does not consent to the touching, AND A does not reasonably believe that B consents.
Points to Prove:
Date & Location
Intentionally Touched
Another person
By touching his/her body
That touching was sexual
Not reasonably believing that s/he was consenting
Sentence:
Either Way
10 years
Sexual Offences Act 2003 s 2
A person (A) commits an offence if he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, the penetration is sexual, B does not consent to the penetration and A does not reasonably believe that B consents
Points to Prove:
Date & Location
Intentionally penetrates
Vagina or anus
Another person
With part of his body
Or anything else
The Penetration is sexual
B does not consent
Not reasonably believing that s/he was consenting
Sentence:
Either Way
10 years
Sexual Offences Act 2003 s1
A person (A) commits an offence if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration AND A does not does not reasonable believe that B consents
Points to Prove:
Date & Location
Intentionally penetrates
Vagina, anus or mouth
Another person
With Penis
B does not consent
Not reasonably believing that s/he was consenting
Sentence:
Indictable Way
Life